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1. What is Sexual Assault?
2. What is Consent?
3. I didn't defend myself or cry out because I was afraid. Is it still sexual assault?
4. What if the survivor is a child under the age of 16 or is a person of any age with a disability?
5. What are different forms of sexual assault?
6. Who can be a victim of sexual assault?
7. Who are the aggressors of sexual assault?
8. If the aggressor is the victim's spouse, boyfriend, or friend, is it still assault?
9. What happens if you report sexual assault to the police?
10. What are the possible sentences in cases of sexual assault?
11. Do I have to go to the hospital?
12. Do I have to file a complaint with the police if I go to the hospital?
13. What do I do if I'm sexually assaulted?
14. How can I help someone who was sexually assaulted?

Answers

1. What is Sexual Assault?

   Sexual assault is any form of sexual contact without a person's consent. It can range from unwanted touching to forced sexual intercourse.

   Sexual assault is a crime, whatever the past or present relationship between those involved may be. No one has the right to threaten or force another person to have sexual contact. No one has the right to abuse a position of trust, power, or authority to get another person to have sex.

   Sexual assault is an act of violence where power and control are used. While some sexual assaults are committed by strangers, most are committed by someone known to the survivor - a family member, friend, acquaintance, date, partner, co-worker, or as in the case of a teacher, coach or clergy, someone in a position of trust of authority. Regardless of the relationship, sexual assault is always the fault of the person who commits it.

2. What is consent?

   In Canada, the law requires that another person get your consent before starting any sexual activity with you. To give your consent is to give permission or agree to do something. Any time someone wants to do something sexual with you, that person is not allowed unless they ask and you say yes.

   The other person does not have your consent if:

   • you say no;
   • you give no reply;
   • the other person does not ask because you gave consent in the past;
   • you are too drunk or stoned to know what you are doing;
   • the other person manipulates, pressures, threatens or forces you to say yes;
   • the other person lies about what he or she wants to do with you.
   
   

3. I didn't defend myself or cry out because I was afraid. Is it still sexual assault?

   Yes, it's still sexual assault. A person may seem to be expressing consent to a sexual activity when in reality that person does not want to participate. In certain specific situations, the law states that a person's apparent consent is not valid because it does not reflect a real intention.

   Sometimes, someone's apparent consent can be considered invalid under the law. This would be the case if a person's young age, mental state, or physical state leaves him or her incapable of consenting. This would also be the case if the apparent consent was given owing to the victim's fear or following threats, violence, fraud, or the exercise of authority by the aggressor.

4. What if the survivor is a child under the age of 16 or is a person of any age with a disability?

   If you know of a child or a disabled or vulnerable person who was the victim of sexual assault, you must, by law, report this crime to Child Protection/Adult Protection.

   Department of Social Development
   Toll-free number: 1-800-442-9799

5. What are different forms of sexual assault?

   The following definitions are taken from The Empowerment Project, a community Train the Trainer tool designed for a self protection workshop for women and girls developed in 2003 by the Fredericton Sexual Assault Crisis Centre.

   Stranger Sexual Assault is the sexual assault of a person by someone who the victim does not know. It is important to note that sexual assaults are most often by people known to the victim.

   Acquaintance Sexual Assault is the sexual assault of a person by someone known to the victim, but not as romantic interest. Acquaintance sexual assault can be committed by anyone such as a boss, friend, co-worker, teacher, neighbour or plumber. Acquaintance sexual assault assailants often use verbal threats, coercion, and strength to overpower their victims.

   Date Sexual Assault is the sexual assault of a person by someone known to the victim and seen as a romantic interest. In this form of sexual assault, both parties initially chose to be together. However at some point during the "date," there is coercion (by the attacker) in response to the woman's resistance or refusal to engage in sexual activity.

   Relationship Sexual Assault is the sexual assault of a person by a partner in a long-term romantic relationship. This form of sexual assault is often connected with other forms of abuse. Physical, emotional, and sexual abuse may also be present in the relationship.

   Sexual assault can be committed by using force, pressure, threats or coercion. It doesn't matter if it is violence or coercion that is used as a means to commit sexual assault. Both are against the law.

   Harassment	Looks, gestures, touching, sexist comments, etc.
   Voyeurism	A person seeks to catch another person in an intimate situation without their knowledge.
   Exhibitionism	A person exposes their genitals in order to intimidate another person.
   Obscene calls	A person telephones another person and uses obscene language.
   Incest	An adult sexually assaults a child with whom that person has a biological relationship. It is also incest if the aggressor represents a parent figure for the victim.

   
   

6. Who can be a victim of sexual assault?

   • Sexual assault can happen to anyone however females make up 86% of sexual assault victims. (Statistics Canada, 2001 Canadian Crime Statistics 2000 Catalogue 85-205, Ottawa, Canadian Centre for Justice Statistics, Statistics Canada)
   • Young women and female children are highly vulnerable to sexual assault. Of the 15,000 sexual assaults reported by the 122 police services, 61% of victims were aged 17 and under. About four-fifths of these victims were girls, and more than two-thirds of these females were between 11 and 17 years old. (Statistics Canada, "Children and Youth as Victims of Violent Crime", The Daily April 20, 2005 Canada).
   • 15% of sexual assault victims are boys under 17 (Statistics Canada, 1999)
   • 33% of Canadian boys under the age of 16 have experienced unwanted sexual contact with an older person (Matthews, 1996).

   Victims can therefore come from all ages, classes, sexual orientations, professions, religions, and ethnic backgrounds.

7. Who are the aggressors of sexual assault?

   • Strangers do not commit most sexual assault, 77% of all assaults occur between people who have met before. (Statistics Canada, 2001 Canadian Crime Statistics 2000 - Catalogue 85-205, Ottawa, Canadian Centre for Justice Statistics, Statistics Canada)
   • 98% of all attackers are males; they come from every class, religion, race, and age group. (Statistics Canada (1999) "Sex offenders," Juristat (19)3 March 1999, p.1. Canadian Centre for Justice Statistics, Statistics Canada)

   Aggressors can be boyfriends, acquaintances, co-workers, spiritual leaders, teachers, employers, or relatives. They come from all ages, classes, sexual orientations, professions, religions, and ethnic backgrounds.

8. If the aggressor is the victim's spouse, boyfriend, or friend, is it still assault?

   Yes. The situation is no different if the aggressor and the victim are married, joined in civil union, common-law spouses, or partners for a night. This cannot serve as a defence against charges of sexual assault or allow the accused to avoid criminal proceedings. Sexual assault that takes place within a relationship is a form of spousal abuse. Every person has the right to refuse sexual contact with their spouse.

9. What happens if you report sexual assault to the police?

   It is a survivor's right to decide if she wants to report the sexual assault to the police. If you decide to report, do it as soon as you can. However, there is no statute of limitations for reporting a sexual assault to the police. The police's role is to gather information and pass the file to the Crown. The Crown decides whether there is enough evidence to charge an offender.

   If you decide to make a police report, the information below may help to anticipate what will be required. Making a police statement involves the police conducting an audio-visual statement at the police station, and may also require a written statement in your own words.

   Deciding to involve the police is an important decision which should be considered carefully. Here are some things to help you with this decision-making process:

   1. Once you make a statement to the police, the investigation and direction of the case is in the hands of the police.
   2. After the investigation, the police hand over the file to the Crown Counsel (a lawyer representing the province or Crown). Based on the evidence, the Crown Counsel decides to proceed with the case or not.
   3. If the case proceeds to court, you will be called as a witness to describe your experience of the assault. Going to court is a very individual experience for each woman. Some women are empowered to have their story heard, and to face their abuser in court, while others can find it difficult and traumatizing experience.
   
   

10. What are the possible sentences in cases of sexual assault?

    With the passing of Bill C-127, Parliament abolished the offence of rape, replacing it with the offences of sexual assault. A major purpose of the change was to emphasize that the offence, although sexually related, was essentially a crime of violence, mostly against women. The legislation reflects this in establishing three categories of sexual assault:

    1. basic sexual assault (i.e., sexual touching or sexual intercourse without consent) punishable by up to 10 years in prison;
    2. sexual assault with a weapon or threatened violence, punishable by up to 14 years in prison; and
    3. aggravated sexual assault, in which the victim is wounded or disfigured, punishable by up to life imprisonment.
    
    
    

11. Do I have to go to the hospital?

    It is advisable to see a doctor so that you can look after yourself. Here are the reasons why:

    • A medical examination may enable the police to find evidence (blood, scratches, sperm, hair, etc.).
    • It makes it possible to determine whether your aggressor passed on a sexually transmitted disease to you.
    • The doctor can check whether you are pregnant following the assault.
    • The examination is intended primarily to check your psychological and physical health.
    • The procedures are definitely not pleasant, but your health and safety are more important than unpleasantness. Consulting a health professional will make it possible to avoid compounding the damage.
    
    

12. Do I have to file a complaint with the police if I go to the hospital?

    No, whether or not you file a complaint is your decision even if you choose to go to the hospital.

13. What do I do if I'm sexually assaulted?

    If you have been sexually assaulted, it is not your fault. Regardless of whether you took drugs or drank, no matter where you were or what you were wearing, the aggressor is entirely at fault.

    Take time to look after yourself by telling someone you trust, such as a friend or a relative, what happened so you are not alone. You are not obligated to tell the police everything even if you decide to talk to a crisis centre worker. An emergency intervention worker can give you confidential advice and provide you with the support you need. You can consult the service directory for your region on this site.

    If the assault was recent and you intend to file a complaint with the police, it would be a good idea to go to the hospital within 72 hours so that physical evidence can be collected. It is also important to look after yourself since you may need to undergo an examination to detect lesions, pregnancy, or sexually transmitted diseases.

    Don't forget that it's not your fault and that talking to someone might be the most important step on the road to healing.

14. How can I help someone who was sexually assaulted?

    Here are some ways of taking effective action if you know someone who was sexually assaulted:

    1. First of all, remain calm.
    2. It's important to believe what the person is telling you. People don't invent sexual assault just to get attention.
    3. You have to make the person understand that they're not responsible for the assault. The aggressor is the only person at fault.
    4. You must let the person express himself or herself. Take the time to listen.
    5. Be empathic (able to feel what another person is feeling). It's comforting for the person to feel that their emotions are normal.
    6. You must inform the available resources.

The resources in your region are available on this site.